Important South Carolina Laws for Car Accident Claims

Posted in Car Accidents on June 28, 2018

While we all do our best to avoid accidents, all it takes is one reckless driver for you to end up with high bills and severe injuries. That’s an unfortunate situation to be stuck in, but you’ll have the option to fight back.

When you’re injured in an auto wreck, you can file a claim to recover compensation for your damages. However, there are some important South Carolina laws for car accident claims that you’ll need to keep in mind.

If you’ve been injured in a car crash and need help as you seek compensation, be sure to remember the following laws. If you don’t, it could mean you won’t receive the full compensation you deserve.

You Have a Time Limit

First, consider how long ago your car accident was. If you’ve waited for too long, there’s a chance that you’ll be unable to seek damages. South Carolina has a statute of limitations of three years. This means that, if it’s been more than three years since the date of the accident, you could be barred from recovering compensation.

When you’re suffering a severe injury, such as brain trauma, it’s difficult to meet these deadlines. While three years may seem like plenty of time to prepare a claim and get your compensation, a serious injury can limit the concentration and time you have, especially when you’re receiving medical treatment.

Avoiding Fault

South Carolina is a “fault” state for auto insurance, which means that the person responsible for your car crash (or his or her insurer) is also responsible for your expenses. While the other driver may be primarily at fault for what happened, you might have some trouble getting the full compensation you’re owed if the other side can prove you hold some of the blame.

That’s because South Carolina recognizes modified comparative negligence, which means that, if you’re partly responsible for the accident, your compensation will be decreased by the percentage of fault you hold. For example, if the court finds you to be 10 percent at fault, you’ll only recover 90 percent of the awarded compensation.

While 10 percent may not seem like a significant amount, it could make a big difference in your day-to-day life. And if you’re found to be more at fault than the other parties involved in your auto accident, you won’t be able to receive any compensation. Fortunately, an attorney can help you avoid accusations of fault or negligence.

An Attorney Can Help

When you’re dealing with a car crash claim in South Carolina, you’re bound to feel overwhelmed. Some of the laws affecting your claim could prevent you from receiving any compensation at all. Fortunately, a lawyer with HawkLaw, PA can review the South Carolina laws that are relevant to your auto crash claim.

After a car accident, it can be tough to recover, and if you’re not familiar with the relevant laws, it’s easy to lose your chance to recover compensation. Fortunately, our attorneys can guide you to a successful claim resolution. We’ll start with a free consultation. To schedule a meeting, give us a call at 1-888-HAWK-LAW (429-5529) or fill out the form below.